Roger Clemens' Ex-Trainer Fails to Disqualify His AttorneyWed May 07, 2008 @ 12:34AM PST
Posted by Matthew Heller
Amid all the bad press over his "affair" with a country singer, embattled pitching legend Roger Clemens has gotten some good news in his defamation case against former trainer Brian McNamee -- he doesn't need a new lawyer.
McNamee argued that combative attorney Rusty Hardin should be disqualified from the case because he previously represented Yankee pitcher Andy Pettitte, a close friend of Clemens. Pettitte, who has admitted using human growth hormone, is expected to be a key witness.
But U.S. District Judge Keith P. Ellison ruled that McNamee had no standing as a third party to seek the disqualification of Hardin. Under the general rule of a 5th Circuit precedent, he said in this decision, "Only Pettitte would enjoy standing to make such a challenge" and the exception to the rule for "manifest and glaring" conflicts of interest "clearly does not encompass this case."
McNamee's motion to dismiss the case is still pending. Some have speculated that with the damage to Clemens' reputation from the publicity over his alleged affair, he will voluntarily dismiss the case.